Griffin v. State

NIMMONS, Judge.

This is an appeal from an upward departure from the sentencing guidelines. Appellant asserts that the legislative amendments to Section 921.005, Florida Statutes, adopted by Chapter 87-110, section 2, Laws of Florida, which amendments (1) mandate affirmance of departure sentences based on only one sufficient departure reason notwithstanding the presence of other insufficient reasons; and (2) change the standard of proof to a preponderance of evidence in establishing departure reasons, violate the principle of separation of powers by legislating upon matters of practice and…